S.Mohammed Ali And 4 Others v. The Commissioner, Anantapur District.

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN WRIT PETITON No.13622 of 2011 ORDER:

The relief sought for, in this Writ Petition, is to declare the action of the respondents in proposing to demolish the petitioners existing shops abutting the Ananthapur-Bellary Road, Ananthapur, for the purpose of widening and effecting repairs to the small drainage canal flowing behind the shops of the petitioners, as illegal, arbitrary and in violation of principles of natural justice. A consequential direction was sought to the respondents not to demolish/remove the shops at Ananthapur-Bellary Road.

By an interim order, in WPMP No.16502 of 2011 dated 30.04.2011, the respondents were directed not to resort to demolition of the subject shops without following the due process of law. It is not known whether the subject shops were demolished thereafter, following the procedure established by law. Instead of keeping the Writ Petition pending on the file of this Court, suffice it, in case no action has already been taken, to direct the respondents not to demolish the subject structures except after putting the shop owners on notice, and after giving them an opportunity of being heard. The Writ Petition stands disposed of accordingly.

The miscellaneous petitions pending, if any, shall stand closed. No costs. _______________________________ RAMESH RANGANATHAN, ACJ Date: 02.02.2018 MRKR